(a) TERMS AND CONDITIONS
(b) SHIPPING AND RETURNS:
- Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
- Ordering Information: You may order through our website or via fax at 954.670.1602, 24 hours a day. You may also call customer service at 954.670.1600. We are open Monday - Friday 9:00 am - 6:00 pm EST. Please include your daytime phone number when ordering, as well as your e-mail address.
- Method of Payment: We accept MasterCard, Visa and American Express, via telephone and through the secure website shopping cart. Money Order or Company Check must pay in advance of shipment. Personal checks not accepted. Purchaser's credit card is charged for the entire order at the time of purchase. All charges will show on purchaser's credit card statement as either Tropical Lights, Inc. or StarDream Studios, Inc., our parent company accounting divisions.
- Processing Orders: Subject to product availability, we process most orders within 48 to 72 hours. Actual order lead time can vary from 1 to 4 weeks, depending upon the item(s) ordered.
- Price: Prices are subject to change at any time without notice.
- Availability: Some items may not be available due to discontinued stock or manufacturing or shipping delays. eOilCandles.com will advise you if an item ordered is not available, or if delivery will be significantly delayed.
- Product Variations: Some items are handmade and unique. Therefore there may be some minor variations in size, dimensions and look of each item.
- Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be canceled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by eOilCandles.com in its sole discretion. If membership has been revoked, eOilCandles.com reserves the right to refuse application or readmission to the website.
- Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
- Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
- Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
- Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
- Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
- Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
- Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
- Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF BROWARD COUNTY, FLORIDA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF FLORIDA . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT DAVIE, FLORIDA OR THE DISTRICT OF "FLORIDA" IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by eOilCandles.com, a wholly owned division of "Tropical Lights, Inc." in the State of Florida, USA. As such, the laws of Florida will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
- Verify Members' Address: eOilCandles.com reserves the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name and address) that is needed to provide the Member with the information he or she requested from eOilCandles.com.
If you have any questions or concerns regarding your purchase, please contact our Customer Service Department by e-mail at info@eOilCandles.com or call 954.670.1600. Our Customer Service Department is available for your assistance Monday-Friday, 9 a.m. to 6 p.m., Eastern Standard Time.
- Domestic US Shipments: Shipping is via UPS or Common Freight Carriier, whichever method the customer chooses during checkout. (eOilCandles.com reserves the right to adjust the shipping method if address errors occur.) Normal ship date is approxminately 1 to 6 weeks from date of order. Shipping times vary from 3 to 10 business days within the continental United States. Additional shipping time is required for Alaska, Hawaii and US Territories/Possessions.
- International Shipments: a) The purchaser is responsible for any duties imposed by his/her country or region. The purchaser must research that information prior to purchasing or shipment. Under no circumstances shall eOilCandles.com or its parent company, "Tropical Lights, Inc." be responsible to advise of, or pay for, any duties imposed outside the continental United States.
b) For International shipments, please select UPS International shipping methods. Should you wish to use a freight forwarder, place the the forwarder's address into the "Shipping Address" area of your order. On International shipments, the shipping method and related, costs, will be discussed directly with the purchaser, if necessary. All shipping charges are FOB, Ft. Lauderdale, Florida.
- Shipping Charges: If you select a shipping method other than UPS, you will be notified of shipping/freight costs after your order has been placed with us.
- Return Policy: Since some of the items shown on this website are all custom order, returns are may not be accepted. Please check with our Customer Service Department at 954-670-1600 if you have questions regarding this policy. Shipping charges are not refundable. Items must be returned, freight prepaid, within 15 days of receipt of original shipment, and in the same condition they left our premises. A 20% re-stocking charge will apply. You must obtain a RMA (Return Merchandise Authorization) prior to returning any items. Email or call Custiomer Service at 954-670-1600 for an RMA Number. This code is provided to ensure that your request is handled and processed both quickly and efficiently. Therefore, it is important that this number be printed on both the inside and outside of the package being returned. This will expedite the process and allow us to correct the problem more efficiently. Note that some items are not returnable (example: custom made items, special orders, expedited shipping items, etc.) Please check with our Customer Service Department at 954-670-1600 if you have any questions regarding this policy. eOilCandles.com reserves the right to deny any product return for any reason.
- Damaged Goods: Should an item be received broken or damaged, email or telephone our Customer Service Department at 954.670.1600 within 5 days from delivery. A Return Merchandise Authorization (RMA) will be issued. Claims will be placed with the appropriate freight carrier for reimbursement.
- Missing or Non-Shipping Damaged Items: All claims for missing or non-shipping related damaged merchandise must be placed within 10 days of delivery of the order. Please contact our Customer Service Department immediately at 954-670-1600. We are not responsible for damaged or missing goods claims placed after 10 days of receipt.
- We look forward to your continuing patronage!
At eOilCandles.com, your privacy is our priority. We are committed to protecting your privacy at all times, in all situations. The information we collect about you when you become a member is used to process your orders and to provide a more personalized experience on our site. Our site uses a 128 bit encrypted SSL to increase the security of our customer’s information. However, we eOilCandles.com do not guarantee complete security on stored information, however, we have installed and applied our encrypted pages and installed our SSL certificate to prevent stolen information.
- How Do We Use the Information We Collect? When you become an eOilCandles.com member, we ask you to fill out a form that requests your name, address and e-mail address as well as some demographic information. eOilCandles.com will NOT share data with trusted partners to help us perform statistical analysis. Your name and address information is used solely to process orders unless your prior consent is given. Without your consent, this information will NEVER be sold, given, rented or traded to others for purposes other than order fulfillment. Your demographic information will be used for several security purposes, to ensure you are who you say you are and in fact you are paying with your credit cards and not someone using your stolen credit cards.
- Our Use of Log Files: When you visit our site we automatically log your IP address, your browser type and your access times. We utilize this information to conduct site performance evaluations, to see where visitors are coming from and to keep track of click stream data (the screens our users visit on our site). This data helps us to determine what content our members find most appealing so that we can maximize your enjoyment of the site. Log files are not tied to personally identifiable information.
- Site Security: All eOilCandles.com employees take your personal information very seriously. All employees must learn and obey our security policies. Access to member personal information is limited to key management personnel and our member services department. The information is ID and password protected and our Web security is reviewed on a monthly basis. We have also installed and implied our site with a 128 bit encryption SSL.
- Correcting/Updating Your Personal Information: After becoming an eOilCandles.com subscriber you may correct/update your personal information by clicking on the - My Account - link at the top of any page, entering your user email address and password, then clicking the Edit Information button. The changes you make will be reflected in our databases instantly. If you wish to deactivate your account, you may contact our customer services through the "Contact Us" section.
- Communication: From time to time we may send out email messages alerting you that products are available, to remind you about providing feedback or for promotional offers. In addition, you will receive communication from us: 1) if you contact us for a particular reason, 2) to receive your orders, or 3) we need to contact you for administrative purposes. Administrative e-mails will not contain promotional materials. If you choose to receive our News Letters, they will contain promotional materials from eOilCandles.com.
- Legal Disclaimer: Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site
- Supplementation: We may correct or supplement your address information with standardized postal representation in order to ensure that your orders are delivered. We do this since we want to make sure that our members receive the order and to lower costs associated with our programs.
To contact us click here.
2269 S. University Drive., Suite 336, Fort Lauderdale, FL 33324
Phone: 954.670.1600 Fax: 954.670.1602
In no event shall eOilCandles.com, eOilCandles.com, eOilCandles.com, EcoGreenAward.com, Tropical Lights.com, TropicalLightsInc.com, Tropical Lights, and/or Tropical Lights, Inc. or any of its owners, affiliates, dealers, partners and/or distributors etal, be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever resulting from the use, incorrect use or misuse of Tropical Light Candle and Lamp Oil(s) and/or any Oil Candle, Oil Lamp, Globe, Shade, or fuel cell, or any product shown on or purchased from the websites: eOilCandles.com, eOilCandles.com, Innights.com, MoodLyte.com, dealers.Moodlyte.com, TropicalLights.com or dealers.TropicalLights.com.